The ban on cell phone use while driving has crept to within a stone's throw of Ottawa. But should employers with mobile workers leave it up to the so-called "nanny state" to police sensible behaviour, or is it in their best interests to take action themselves?

Last week, Quebec made it illegal to be talking on a cellphone and driving at the same time, joining Newfoundland, Nova Scotia and a number of U.S. states.

Quebec has also made it mandatory to use snow tires in the winter and introduced other measures to reduce road fatalities, at a time when road deaths are already at a 60-year low in the province.

But one can argue that the fact there are still road deaths at all thanks to reckless human behaviour justifies a greater crackdown. Only an idiot would attempt to argue that snow tires aren't safer than all-seasons in winter, or that it isn't distracting to talk on a cell phone while driving. On the other hand, there have been plenty of studies that suggest cell phone bans don't reduce the number of accidents.

(And for the record, I too succumb to the temptation of using that phone while driving, but I make it a point to only do so while driving at a constant speed in the same lane.)

On a recent episode of MythBusters, the team set out to prove whether driving while intoxicated or while talking on a cell phone was more dangerous. First, the two volunteers drove the course sober under the direction of a professional instructor. Both passed. For the cell phone part of the test, they not only had to talk on a handheld while driving, they were asked questions that required them to think. Both failed. For the second part of the test, they drank enough beer to be just under the legal limit and drove the course again. Once more, they failed. The conclusions are obvious.

The thing is, even though a ban on handheld cellphone use while driving makes sense in theory, it isn't likely to have that much impact in practice. If we weren't using the cellphone, what else would we be doing? Lawmakers have deemed it's still safe enough to talk on a handsfree setup, but that's a cheap legal loophole if ever there was one. Even talking to a real person in the car with you can be distracting enough, with or without both hands on the wheel. On one morning commute, I spied someone driving with a fork in one hand, a fruit bowl in the other. Then there's the Crackberry addicts, who I have seen with both thumbs in play, steering with their wrists.

And there's no shortage of accredited research that argues how sleep-deprived we are as a society and how that's as dangerous, if not more so, than driving after a few drinks. It's been suggested that talking on a cellphone helps to keep one alert and reduce the likelihood of an accident.

The sad truth is that, despite the best of intentions, common sense can never be legislated. People will do dumb things behind the wheel that can cause accidents, and if it isn't talking on a cellphone, it will be something else.

Nonetheless, in this litigious world, awareness creates liability. Perceptions of cellphone use could have consequences for employers who want to keep their mobile workforce in touch. That cellphone used on company time for company business can be a much bigger liability for an employer than a spilled cup of hot coffee, even if one can be as responsible as the other for a road accident.

Last week, lawyer Norman Grosman, with the Toronto firm of Grosman, Grosman & Gale, blogged on Yahoo that staff cellphone use while driving could expose an employer to the same liability as if an employee was allowed to drive drunk.

"Million dollar awards and settlements have already taken place in the United States in circumstances where individuals were involved in accidents, while using a cellphone on company business, during business hours, in the company vehicle," Mr. Grosman wrote.

Maybe common sense can't be legislated, but it can be required on company time. For employers, introducing policies that limit their liability is probably the most prudent course, regardless of what the nanny state has to say on the matter.

My OBJ expiry date

Yes, the rumours are true. April 18 will be my last day with the OBJ. I'll be taking a leap in a new direction, going to work with local boutique public relations firm inmedia. It's been a gas and I'll bid a formal farewell in next week's column.